Providing legal advice on the validity of a UK Power of Attorney (LPA) in Spain

An elderly British couple living in the UK owned a holiday property in Barcelona (Spain) and wished to sell it.  The husband had a UK LPA  for property and financial affairs, which was registered with the Office of the Public Guardian appointing his wife and one of his children living in Asia as his attorneys. He had not been advised to enter into a Spanish LPA, as he had not obtained legal advice under Spanish law. This resulted in a lot of delay and increased costs, as the property was falling into disrepair and he was too elderly to travel to Spain to sign official documents to enable the property to be sold.

How the client was helped

An UK LPA is highly unlikely to be recognised in Spain on its own, leaving the couple worried whether they could sell their Spanish property.

It was necessary to understand the legal nuances in both jurisdictions and provide a tailored solution. An application in the Spanish courts was necessary for the UK LPA to be recognised in Spain, as well as an application in the UK to the Court of Protection to permit the sale. Once obtained, the client’s wife was able to grant a Spanish Special Power of Attorney before a Notary Public in the UK acting in the name of her husband.

The outcome

The property in Barcelona was sold successfully, to the great relief of the husband and wife.